As used in this chapter, the following terms
shall have the meaning indicated below:
ASHES
The residue from coal, wood or other fuel.
DUMPSTER
Any large receptacle used or maintained by any person or
commercial establishment for the collection of garbage, refuse, rubbish
or waste. This includes commercial, industrial, or construction receptacles.
[Added 10-28-2013 by L.L. No. 8-2013]
GARBAGE
Organic waste of meat, bones, fish, fruit, vegetables or
any animal or vegetable matter, including cans or containers and packaging
that have contained food materials, and also any materials or containers
designated by local, county or state authorities as recyclable.
[Amended 9-9-1996 by L.L. No. 15-1996]
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
REFUSE
Inorganic waste such as bottles, glass, tires, crockery,
metals or other noncombustible matter, including grass clippings and
leaves.
[Amended 2-8-1993 by L.L. No. 1-1993]
RESIDENTIAL STRUCTURE
A structure or part of a structure containing one, two or
three residential units. Only residential structures as herein defined
shall have their garbage and recycling picked up by the City of Port
Jervis. Any structure containing a commercial establishment and residential
units (no matter how many residential units) shall not have its garbage
and recycling picked up by the City of Port Jervis. Mixed-use structures
containing commercial and one or more residential units shall not
be considered residential structures as this term is used in this
chapter.
[Added 8-15-1990 by L.L. No. 12-1990; amended 11-22-2004 by L.L. No. 3-2004; 6-27-2005 by L.L. No.
2-2005]
RUBBISH
Paper, leather, cloth, plastic or other combustible matter.
[Amended 2-24-1997 by L.L. No. 2-1997; 2-26-2007 by L.L. No.
2-2007]
Use of the municipal transfer station site on Upper Canal Road, in the Town of Deerpark, is restricted to the City Department of Public Works and those residents of the City of Port Jervis holding valid permits issued by the City of Port Jervis. Application for said permits shall be made to the City Clerk-Treasurer, the fee for the same set by resolution of the Common Council of the City of Port Jervis. Permit fees shall be as set forth in §
457-12.
[Amended 2-26-2007 by L.L. No. 2-2007]
A. The municipal burning pit shall be open to any resident
of the City of Port Jervis, free of charge. Said site is restricted
to the dumping of wood, tree branches or clippings.
B. Any person using the municipal burning pit must, on
demand, furnish proof of residence in the City of Port Jervis.
C. Violation of the provisions of Subsection
A above shall be punishable by a fine not to exceed $50 for the first offense, $100 for the second offense, and $200 for the third and subsequent offenses. In addition to the fine above, a second or subsequent offense shall subject the offender to being barred from using the facility at the discretion of the Director of Public Works.
Exterior property areas, as defined in §
319-2 of the City Code, shall be maintained in accordance with the requirements of Chapter
319 of the City Code, and violation shall be punishable by the penalties provided therein.
The accumulation of garbage or refuse so as to cause an unsafe or unsanitary condition, as defined under Chapter
319 of the City Code or under the State Sanitary Code, is hereby prohibited. Violation shall be punished by the penalties provided therein.
Bulky refuse such as cardboard or other similar
material shall be flattened, bundled and securely fastened into bundles
not to exceed 24 inches in width and 36 inches in length and shall
not weigh more than 75 pounds.
[Amended 5-14-1990 by L.L. No. 7-1990; 7-23-1990 by L.L. No.
8-1990]
A. Residential structures shall be provided with one collection per week. Only containers specified in §
457-10A shall be allowed and shall be limited to four containers.
B. The collection day shall be determined by the Director
of Public Works, in his sole discretion.
C. All garbage and refuse must be properly packaged in
approved receptacles or properly bundled to be collected.
D. Collection services shall not be provided to commercial
or industrial establishments.
E. Only solid wastes generated within the City of Port
Jervis are eligible for collection, either weekly or in special cleanups.
F. Collection of leaves during the designated dates and times as determined
by the Director of Public Works and the Common Council of the City
of Port Jervis shall be restricted to only bagged leaves contained
in biodegradable and/or compostable bags of appropriate strength,
loose leaf pickup, and leaves kept in appropriate garbage receptacles.
[Added 1-9-2017 by L.L. No. 2-2017]
[Added 10-23-1989 by L.L. No. 21-1989 (Ch. 123 of the 1981 Code)]
A. Purpose; findings.
(1) A resource recovery system for the mandatory separation
of recyclables for garbage and refuse within the City of Port Jervis
is necessary to reduce the amount of solid waste generated and assure
that solid waste is disposed of in the most economical and environmentally
acceptable manner.
(2) The Common Council of the City of Port Jervis hereby
finds that the mandatory recycling of certain waste materials is imperative
to further the general health, safety and welfare of the City and
its residents. The Council finds that the most effective means of
regulating the recycling process is by adoption of regulations by
resolution of the Common Council.
B. Authority; general provisions.
(1) The Common Council is empowered to promulgate and
establish by resolution rules and regulations implementing the mandatory
separation of recyclables established by this section.
(2) The recycling of certain materials, which materials
shall be specified by resolution of the Council, is hereby required.
(3) Recyclables shall be separated from all other garbage
or solid waste.
(4) Paper recyclables shall be tied in bundles not to
exceed 40 pounds prior to the collection, removal or disposal of the
same. Newspaper shall be bundled separately.
(5) Glass and metal recyclables shall be cleaned, and
all contents shall be removed therefrom prior to the collection, removal
or disposal of the same. Caps and rings shall be removed from glass
recyclables prior to collection, removal or disposal.
(6) All recyclables shall be placed in waste receptacles
for collection, removal and disposal. Recyclables shall not be placed
in plastic or paper bags for collection, removal or disposal.
(7) Recyclables shall not be placed in the same waste
receptacle or garbage can or otherwise mixed or combined with other
forms of solid waste for collection, removal or disposal.
(8) The Common Council is empowered to designate the schedule
for collection, removal and disposal of recyclables. Recyclables shall
not be collected, removed or disposed of other than in conformance
with the schedule established by the Common Council.
(9) No person having custody or control of premises within
the City shall permit or cause any garbage, rubbish or other refuse,
including recyclables, within his control to become a hazard or potential
hazard to public travel, health or safety or to become a nuisance
of any sort.
C. Definitions. As used in this section, the following
terms shall have the meaning indicated:
NEWSPAPERS
A product printed on newsprint, including all newspapers,
newspaper advertisements and comics. Not included in this definition
are magazines, telephone books or other advertising material printed
on glossy or slick papers, whether or not enclosed with or distributed
with newspapers.
RECYCLABLES
Discarded material which may be reclaimed, comprising solid
waste consisting of newspapers, clear glass bottles and jars and other
such materials as designated by Orange County.
D. Receptacles. Waste receptacles for recycled materials
may when available be furnished to each property owner by the City.
Said receptacles are and shall remain the property of the City and
shall be used exclusively for recyclable materials and be maintained
in good condition by the property owner. If recyclable containers
are not available from the City, the property owner is to furnish
an appropriate container and mark "Recyclable" on said container.
If a waste receptacle is damaged to such a degree that, in the opinion
of the City Department of Public Works, it is no longer usable, the
property owner shall replace the waste receptacle with a receptacle
conforming to City specifications at his own cost and expense. In
the event that the property owner fails to replace the receptacle
within one week of notification from the City to do so, the City shall
replace the receptacle. The City shall bill the property owner for
the cost thereof, and such cost, if unpaid, shall become a lien on
the property and may be collected in the same manner as other real
property taxes.
[Amended 2-26-2007 by L.L. No. 2-2007]
E. Enforcement; penalties for offenses.
[Amended 6-11-2007 by L.L. No. 4-2007]
(1) The provisions of this chapter shall be administered
and enforced by the Director of Public Works, the Code Enforcement
Officer and the Police Department.
(2) Any person convicted of violating a provision of this
section shall, upon conviction thereof, be guilty of a violation which
is punishable as follows:
(a)
For a first conviction, by a fine of not less
than $75 nor more than $100.
(b)
For a second conviction within one year, by
a fine of not less than $100 nor more than $125.
(c)
For a third conviction within one year, by a
fine of not less than $125 nor more than $250.
(d)
For a fourth conviction within one year, by
a fine of not less than $500 nor more than $1,000.
[Amended 2-26-1996 by L.L. No. 1-1996]
Violation of any provision of this chapter shall
be punishable by a fine of not less than $500 nor more than $1,000
for each offense unless a different penalty has been specified in
this chapter.